HomeMy WebLinkAboutMN-CC-2007-11-28COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 6:00 p.m. November 28, 2007
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
EXCUSED:
Alderpersons (2) Dotson, Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
3 4-MONTH EXTENSION OF OFF-LEASH DOG AREA AT THE “FESTIVAL LANDS”
Proposed Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, on October 4, 2006, Common Council approved a temporary rescission of
the “leash law” at the City-owned “Festival Lands” adjacent to Allan H. Treman State
Marine Park, starting on December 1, 2006, and extending until December 1, 2007; and
WHEREAS, the Board of Public Works subsequently promulgated and posted rules for
use of the temporary Off-Leash Dog Area (OLDA); and
WHEREAS, on January 3, 2007, Common Council approved a resolution whereby:
(1) Council declared its intention “to find a suitable site, within or in close
proximity to the City, where a permanent, safe and attractive off-leash area for
dogs could be located, without significant impact on the environment;”
(2) in response to concerns about possible bird-nesting in the so-called “tall
grass” (unmowed) parts of the Festival Lands, Council directed that the
boundaries of the OLDA be modified to exclude the tall grass areas (as well as a
trail leading toward the Lake);
(3) Council declared that the decision to create a temporary OLDA was a Type II
action exempt from environmental review;
(4) Council declared that a decision to create a permanent OLDA - at the Festival
Lands or at either of two other City-owned sites listed as possibilities (land south
of Cherry Street, along the Flood Control Channel, and a portion of the substitute
park land south of the NYS fish ladder on the Cayuga Inlet) - would be an
Unlisted Action, subject to environmental review;
(5) Council declared its intention to be lead agency for the environmental review
of the proposal that the City create a permanent OLDA (which intention was not
contested by any other involved agency);
(6) Council directed the Planning Department to identify and evaluate at least
three potential locations (including those cited above) for a permanent OLDA,
which evaluation was to include collection and analysis of data regarding the
actual interaction of off-leash dogs at the Festival Lands site with nearby areas of
wildlife habitat;
(7) Council reiterated its intention “to collaborate with office of New York State
Parks, in an attempt to address and resolve the interests of the two governmental
entities, with regard to use of the Festival Lands, the need for a suitable off-leash
dog area and the need to protect the natural environment;” and
WHEREAS, to date, the above-referenced environmental review has not been
completed, and funding for the estimated cost thereof has not been allocated; and
WHEREAS, a field study of the behavior of off-leash dogs at the temporary OLDA (at
the Festival Lands) was conducted by a consultant retained by the City over the course
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of 19 days (and at various times during the day, for a total of 35 observations) during
August 2007; and
WHEREAS, in the draft report on the study, it is reported that:
(1) not including 5 observations on the first 2days of the study (when the
OLDA boundary signs were missing), a total of 246 222 dogs were
observed seen within the OLDA, on the 35 reported 30 occasions;
(2) during the same observation periods, a total of 65 54 off-leash dogs were
seen outside of the designated boundaries of the OLDA, in violation of the
posted rules;
(3) of these violators 54 dogs, 32 23 were seen on the mowed lawn of the
adjacent State Park, 18 were observed to be “in the natural area known as
“Hog Hole” wetland area (recently explained by Peter Trowbridge to mean
that these dogs were observed to leave the path located east of the Hog
Hole wetland area and adjacent woods, and to enter the wooded area),
and 15 13 were observed to be along on State Park lands “near the Lake
shore;”
(4) over the course of the study, no dogs at all (leashed or unleashed) were
observed in the tall-grass areas;
(5) over the course of the study, only 2 instances of what the observer deemed to
be “inappropriate” dog behavior (e.g., biting or threatening actions) were
observed (both within the OLDA), while 10 instances of “moderately
appropriate” dog behavior (dogs uncontrolled but no harmful behavior toward
other dogs or humans) were observed (all but one occurring inside the
OLDA);
and
WHEREAS, the draft report does not indicate whether the presence or behavior of
unleashed dogs in the Hog Hole or lake shore areas outside the boundaries of the
designated OLDA had an observable impact on the natural environment, which
question would need to be addressed in any environmental review; and
WHEREAS, some citizens have expressed concern that they are unable to enjoy the
Treman State Marine Park, and particularly the areas near the lake shore, without
having unwelcome encounters with off-leash dogs outside of the designated OLDA
(especially within the unfenced corridor that must be traversed to reach the area of the
State Park overlooking or along the lake shore, which corridor was intended to be kept
free of unleashed dogs, per the posted rules); and
WHEREAS, the NYS Office of Parks, Recreation and Historical Preservation has
expressed its strong opposition to the temporary OLDA at the Festival Lands and has
simultaneously sought to secure title to a parcel of land on the Inlet Island, currently
owned by the NYS Department of Environmental Conservation, which is important to
the City with regard to any comprehensive redevelopment of the northerly portion of
Inlet Island; and
WHEREAS, at a meeting in September 2007, called by the Mayor to explore a more
collaborative approach to matters involving the City and State Parks, representatives of
State Parks reiterated the agency’s concerns about the current OLDA, and proposed
that the City grant State Parks authority to manage (but not own) the Festival Lands on
a long-term basis, consistent with the Master Plan for Treman State Marine Park, in
exchange for which State Parks would drop its pursuit of the DEC parcel on Inlet Island,
clearing the way for City acquisition; and
WHEREAS, discussions between the City and State Parks are ongoing, and appear to
offer the possibility of cooperation with regard to several other important matters of past
or current concern, as well as the eventual possibility of a permanent OLDA, designed
and managed by State Parks, at a suitable location within the Festival Lands/State Park
complex; and
WHEREAS, representatives of State Parks have indicated that while the agency does
not support any extension of the current, temporary OLDA at the Festival Lands, a short
extension over the winter months should not jeopardize the ongoing discussions and
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negotiations regarding management of the Festival Lands and the DEC parcel on Inlet
Island; now therefore be it
RESOLVED, That Council hereby determines that a short (3 4-month) extension of the
current Off-Leash Dog Area (on a portion of the Festival Lands), over the coming winter
months (when use of the area can be expected to decline due to weather factors, and in
light of the fact that observed behavior of off-leash dogs indicates virtually no use of the
tall-grass areas said to be frequented by nesting birds, and relatively few instances of
off-leash dog use of the lake shore or Hog Hole areas), would be a “minor temporary
use of land having negligible or no permanent impact on the environment,” thus
qualifying as a Type II action under the State Environmental Quality Review Act and the
City Environmental Quality Review Ordinance; and be it further
RESOLVED, That the existing, temporary exemption of a portion of the Festival Lands
from the “leash law” (§164-9 of the Ithaca City Code) will be continued until March 1
April 3, 2008, by means of an ordinance intended to accompany this resolution; and be
it further
RESOLVED, That the Superintendent of Public Works be directed to ensure that a
suitable, temporary, low fence is erected along the easterly boundary of the designated
OLDA (parallel to the bank of the marina basin), to demarcate a corridor (approximately
20 feet wide, measured from the top of the marina basin bank) between the adjacent
parking area and the portion of Treman State Marine Park north of the marina basin,
which corridor is intended to be free from off-leash dogs, and along the northerly
boundary of the OLDA, between the northerly end of the afore-mentioned corridor and
the wooded area to the west (with an opening at or near the westerly end), and that
the sum of $2,500.00 $2,000.00 for materials be allocated from 2007 unrestricted
contingency monies (Account No. ______) to fund such temporary fencing.
Alderperson Berry arrived at the meeting at 6:10 p.m.
Alderperson Cogan reviewed the proposed changes to the original resolution that was
provided with the agenda.
Alderperson Townsend arrived at the meeting at 6:15 p.m.
Alderperson Zumoff spoke in favor of the resolution and noted that he has received a lot
of correspondence from constituents in favor of the extension of the leash law
exemption. He further noted that boats are not allowed in Allen H. Treman Marina until
May 1st and suggested that perhaps the leash law exemption could be extended until
then. He stated that the City has many recreational facilities that are dedicated to
particular uses (swimming pools, ice rink, skate park, etc.) so he believes that it is
reasonable to have a piece of land dedicated to an off-leash dog park. The park is
available for anyone to use so he does not believe that it is a restricted use of the
property.
Alderperson Cogan noted that he has also received a lot of correspondence on this
issue and explained that the proposed resolution is an attempt at a compromise. He
noted that he did not suggest a longer exemption as April is considered a Spring month
and there are conflicts with migratory birds in the park during that time. He stated that
the fence would enable people to use the area while staying away from the dogs. He
further explained how Portland, Oregon uses a combination of bollards and fences in
their dog parks. He reiterated that the primary goal is to find a permanent solution and
believes that negotiations with NYS Parks could lead to that solution.
Alderperson Coles stated that she would not support the resolution as many of the
users of the dog park are not city residents and she does not feel that it is appropriate
for the city taxpayers to pay for the full costs of a recreational facility that benefits the
entire county and even adjacent counties.
Alderperson Clairborne questioned what work would be conducted during the four
month extension period. Mayor Peterson responded that discussions are ongoing with
NYS Parks Officials regarding a land use management agreement. She stated that she
would like to host a Mayor’s Forum to discuss all of the elements of this issue such as
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the needs of the dog park users, concerns of State Parks/Allen H. Treman Marina, the
Inlet Island clean-up and development potential, the Coast Guard needs, protection of
the Festival Lands, etc. She stated that she would like to have a panel presentation
with the participation of all of the stakeholders. Mayor Peterson explained that this
discussion has been on-going since the mid 1980’s. During the next four months she
would like to map out future plans, goals, and meetings, similar to the format used in the
Collegetown Visioning process.
Alderperson Clairborne requested that the cost factor be included in these discussions
to alleviate the tax burden on city residents. Mayor Peterson responded that NYS Parks
would be paying for some of the maintenance costs (mowing, etc) if a land management
agreement is in place. She further noted that additional research would be conducted
and parameters need to be established to determine what kind of dog park would be
made available and what the rules and regulations would be.
Alderperson Tomlan noted that cost-sharing with other municipalities is very important.
She stated that she understands the value of the off-leash dog area, and supports the
4-month extension and the Mayor’s structured approach to a permanent solution. She
further stated that she would only support this resolution if it included a fence, with two
gates, around the entire OLDA.
Alderperson Tomlan further reported that the Parks Commission is opposed to having
an off-leash dog area in the Festival Lands and has passed (2) resolutions (July, 2006
and November, 2007) to state their opinion.
Amending Resolution
By Alderperson Tomlan: Seconded by Alderperson Clairborne
RESOLVED, That the language in the last Resolved clause be amended to add a full
fence with 2 gates and the necessary cost increase.
Discussion followed on the floor regarding the projected cost of the fence. Alderperson
Zumoff noted that the extension is only for a 4-month period during the winter season
and that a fence is not really needed at this time because the number of people using
the park is significantly reduced.
Amendment to the Amendment
By Alderperson Cogan: Seconded by Alderperson Clairborne
RESOLVED, That the Amending Resolution be amended to read as follows:
“RESOLVED, That the language in the last Resolved clause be amended to add a full
fence with 2 gates at a cost not to exceed $6,000 for materials.
Ayes (6) Berry, Clairborne, Zumoff, Tomlan, Gelinas, Cogan
Nays (2) Townsend, Coles
Carried (6-2)
Alderperson Gelinas stated that he can’t support the resolution overall as he wants to
see a permanent solution and all of the corresponding issues resolved. He further
stated that the initial temporary exemption was adopted 1 year ago and now there is a
proposal to extend for 4 additional months. He doesn’t feel this action is geared toward
achieving the final goal.
Alderperson Berry stated that she will support the amendment for the full fence as
Alderperson Tomlan’s support is needed for the final vote to extend the exemption. She
further explained that city residents use the dog park too as evidenced by all of the e-
mails she has been receiving and reading.
Alderperson Cogan spoke in support of the amending resolution.
Alderperson Coles reiterated the City’s burden of paying the full amount for recreation
facilities that serve the County and noted the recent budget discussions where additions
to the budget were not approved in an attempt to keep the tax rate increase low.
Alderperson Clairborne stated that he supports the amendment as a compromise.
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Amending Resolution as Amended
A vote on the amending resolution as amended resulted as follows:
Ayes (5) Berry, Clairborne, Zumoff, Tomlan, Cogan
Nays (3) Coles, Gelinas, Townsend
Failed (5-3)
Alderperson Berry stated that she feels sad that people felt pitted against each other
over this issue and hopes that those feelings will subside in time. She further
responded to comments made to her about TCDOG “strong-arming” Council members.
She stated that she never felt “strong-armed” , and she encouraged other groups to
organize and share their ideas and concerns with Common Council. She noted that she
has full confidence that City leaders will bring this issue to a resolution.
Motion to Table
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That the Motion be tabled until the December 5, 2007 meeting.
Ayes (5) Berry, Clairborne, Zumoff, Gelinas, Cogan
Nays (3) Tomlan, Townsend, Coles
Failed (5-3)
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (5) Berry, Clairborne, Zumoff, Townsend, Cogan
Nays (3) Tomlan, Gelinas, Coles
Failed (5-3)
ADJOURNMENT:
On a motion the meeting adjourned at 7:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor